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Rajaramana RV (Employee)     28 April 2014

Maintenance and alimony urgent

Dear Respected Members,

Divorce case started and the girls side is asking for interim maintenance of 30000 per month and permanent alimony of 50 lakhs plus maintenance of 30000 per month. Also they are asking that cost of petition may be granted - What does this mean?

Husband earns 40000 per month while wife earns 20000 per month. Is this maintenance and alimony justifiable

When is interim maintenance granted, is it on the second hearing date itself or arguements for it go over a year or so. How long does divorce case take?

Kindly answer all these questions as there is a complete loss of confidence and no legal knowledge so we are depending on this forum.

 



Learning

 2 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     28 April 2014

If wife is working women and get salary of Rs. 20,000/- then she is not entitle for maintenance of Rs. 30,000/-. Court can grant the less amount, its his discretion, mainly depends on the evidence before the court.

After hearing both sides, the court can grant Maintenance.

 

Gautam Kapoor (IT professional Studying Law)     08 May 2014

Mr.Raja - Working women are not entitled for maintenance.Do no worry the amount is always exaggerated in the MC petition.You have not mentioned whether children also are a party to this case.

Interim maintenance is not provided on the second hearing.... it is only after some counter arguments /hearing take place ( normally the judge will allow interim maintenance if children are party to the case or if he thinks that wife is unable to sustain herself).You ned to provide evidence that the lady is working and very well off.Your lawyer should know all this ?By cost of petition thay are asking for the legal espenses to be borne.

Divorce will take over 2yrs


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